Unofficial summary in English. The judgment is published in Portuguese only, and only the Portuguese text is authentic.
The appellant, sentenced to 12 years' imprisonment for attempted homicide, lodged an extraordinary appeal on grounds of unconstitutionality against the Supreme Court judgment partly upholding his conviction, alleging, among other defects, that he had been tried on a provisional indictment without the adversarial pre-trial investigation (instrução contraditória). The Court allowed the appeal and remitted the case for that investigation to be opened, holding that legality, effective judicial protection and the right to a fair trial had been breached.
Decision
Appeal allowed
Type of proceedings
Extraordinary appeal on grounds of unconstitutionality (Recurso Extraordinário de Inconstitucionalidade)
Full text
The judgment is published in Portuguese only, and only the Portuguese text is authentic. Read the judgment in Portuguese or download the official PDF.